S.I. No. 132/1994:

ELECTORAL ACT, 1992 (SECTION 165) REGULATIONS, 1994.

ELECTORAL ACT, 1992 (SECTION 165) REGULATIONS, 1994.

The Minister for the Environment, in exercise of the powers conferred on him by sections 3 and 165 of the Electoral Act, 1992 (No. 23 of 1992), for the purpose of giving effect to the said section 165 in relation to the polls to be taken on the ninth day of June, 1994, hereby makes the following Regulations:

1. These Regulations may be cited as the Electoral Act, 1992 (Section 165) Regulations, 1994.

2. In these Regulations--

"the Act of 1977" means the European Assembly Elections Act, 1977 (No. 30 of 1977);

"the Act of 1979" means the Ú daras na Gaeltachta Act, 1979 (No. 5 of 1979);

"the No. 2 Act of 1986" means the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986);

"the Act of 1992" means the Electoral Act, 1992 ;

"the 1965 Regulations" means the Local Elections Regulations, 1965 ( S.I. No. 128 of 1965 ) as amended by the Local Elections (Amendment) Regulations, 1974 ( S.I. No. 117 of 1974 ), section 11 of the Local Government Act, 1991 (No. 11 of 1991) and section 174 of the Act of 1992;

"the 1979 Regulations" means the Údarás na Gaeltachta Elections Regulations, 1979 ( S.I. No. 355 of 1979 ) as amended by the Údarás na Gaeltachta Elections (Amendment) Regulations, 1994 (No. 103 of 1994);

"Dail" means Dáil Éireann and references to "Dáil constituency" and "Dáil election" shall be construed accordingly;

"European Parliament" means the Parliament of the European Union and references to "European Parliament constituency" and "European Parliament election" shall be construed accordingly;

"European Parliament election rules" means the First Schedule to the Act of 1977 as amended by the Acts of 1984, 1992 and 1993 and the No. 2 Act of 1986;

"local election" means an election of members to a local authority to be held on the 9th day of June, 1994;

"local electoral area" means the area or any of the areas (as may be appropriate) by reference to which a local election is held;

"local returning officer" means an person who, in accordance with section 14 (2) of the Act of 1977, is a local returning officer for a county or county borough;

"postal voter" means a person whose name is included in the list prepared pursuant to section 14 of the Act of 1992;

"special voter" means a person whose name is included in the special voters list prepared under section 17 of the Act of 1992;

"Údarás" means Údarás na Gaeltachta and references to "Údarás ballot paper", "Údarás constituency", "Údarás election" and "Údarás returning officer" shall be construed accordingly;

3. (1) These Regulations shall have effect in relation to every election the poll, if any, at which is to be taken on the 9th day of June, 1994.

(2) These Regulations shall not have effect in relation to a fresh election held pursuant to section 62 of the Act of 1992, rule 20 of the European Parliament election rules, article 28 of the 1965 Regulations or Regulation 27 of the 1979 Regulations where the poll at such fresh election is to be taken on a day other than the 9th day of June, 1994.

4. (1) Subject to the provisions of article 5 of these Regulations, the local returning officer for a county or county borough shall be the returning officer for the purposes of--

( a ) the provisions referred to in Part I of the Table to this article as respects a local election in a local electoral area situate in the county or county borough concerned, and

( b ) the provisions referred to in Part II of the Table to this article as respects an Údarás election in any part of the county or county borough concerned,

and the powers and duties of the relevant returning officer under the provisions referred to in the Table shall be exercised and performed by the said local returning officer and references in the said provisions to the returning officer shall be construed as references to the local returning officer.

(2) The powers and duties of the returning officer in relation to a local election (other than those referred to in Part I of the Table to this article) shall be exercised and performed by the clerk of the local authority who in accordance with article 4 of the 1965 Regulations is the returning officer for that election.

(3) The powers and functions of the returning officer in relation to an Údarás election (other than those referred to in Part II of the Table to this article) shall be exercised and performed by the person appointed pursuant to section 32 of the Act of 1979 to be the returning officer for the Údarás constituency.

(4) Notwithstanding sub-articles (1), (2) and (3) of this article, the returning officer for a local election or an Údaras election shall be entitled to be admitted to any polling station where a poll at an election for which he is the returning officer is being taken.

TABLE

PART I.

Articles 5 (insofar as it relates to the taking of the poll otherwise than by postal voting), 11 (6), 27 (1) (insofar as it relates to the taking of the poll otherwise than by postal voting), 31, 36, 37, 38, 41, 42, 50, 51 (1), 51 (2), 52 (1), 52 (2), 52 (3), 53 and 99 (A) of the 1965 Regulations; Sections 9, 10, 12, 14 and 20 of the No. 2 Act of 1986.

TABLE

PART II.

Section 32 (1) (insofar as it relates to the taking of the poll otherwise than by postal voting), of the Act of 1979: Regulations 12 (6), 26 (1) (insofar as it relates to the taking of the poll otherwise than by postal voting), 30, 32, 33A, 33C, 36, 37, 37A, 38, 38A, 41, 42, 46A, 50, 51 (1), 51 (2), 52 (1), 52 (2), 52 (3), 53 and 60 (1) of the Regulations.

5. (1) As respects the area comprised in a Dáil constituency in which there is a Dáil election the powers and duties of the local returning officer under the European Parliament Elections Acts, 1977 to 1993 and these Regulations shall be exercised and performed by the returning officer for the Dáil constituency concerned and references to the local returning officer in the said Acts and these Regulations and references to the returning officer in the provisions referred to in the Table to article 4 of these Regulations shall be construed as a reference to the returning officer for the Dáil constituency concerned.

(2) Where ballot papers and related documents are to be sent to a postal voter both under section 68 of the Act of 1992 and Rule 26 of the European Parliament election rules:

( a ) the ballot papers and documents may be enclosed in a single envelope addressed to the postal voter;

( b ) a single covering envelope addressed to the returning officer may be provided for the return of the documents by the postal voter; and

( c ) a single form of receipt or declaration of identity, as the case may require, and a single ballot paper envelope may be sent to each postal voter.

6. (1) It shall be lawful for a local returning officer to appoint a deputy local returning officer for the discharge of all or any particular part of the duties of such local returning officer.

(2) Where the same person is local returning officer for both a county and county borough or for more than one county he may appoint in respect of each such county or county borough (except one) a deputy local returning officer for the purposes of Rule 51 A of the European Parliament election rules.

7. It shall be the duty of every person upon whom any function is conferred by or under the law for the time being in force in relation to an election to which these Regulations apply and of every person appointed or employed (otherwise than by a candidate) for any purpose related to such an election, to furnish such information and render such other assistance to any other such person as that other person requires for the purposes of any of the elections.

8. (1) (i) Where--

( a ) under article 27 of the 1965 Regulations the local election for a local electoral area is adjourned for the purpose of taking a poll or the candidates standing nominated are declared elected or the election is not proceeded with, or

( b ) under regulation 26 of the 1979 Regulations the Údarás election is adjourned for the purpose of taking a poll or the candidates standing nominated are declared elected,

the relevant returning officer shall so inform the local returning officer for the county or county borough (or, where Article 5 of these Regulations applies, the returning officer for the Dáil constituency) in which the local electoral area or any part of the Údarás constituency, as the case may be, is situate.

(ii) Where an election is adjourned under sub-article (1) (i) of this article the relevant returning officer shall furnish to the local returning officer (or the Dáil returning officer, as the case may be) a copy of the notice of poll given under article 29 of the 1965 Regulations or regulation 28 of the 1979 Regulations, as the case may be.

(2) The local returning officer for a county or county borough shall furnish a copy of the public notice in relation to the situation of polling stations given by him under rule 30 (3) of the European Parliament election rules (or section 94 (3) of the 1992 Act, as may be appropriate), article 37 (3) of the 1965 Regulations and regulation 37 (3) of the 1979 Regulations to the returning officer--

( a ) at the local election for any local electoral area situated in the county concerned, and

( b ) at the Údarás elections in an Údarás constituency any part of which is situate in the county or county borough.

9. (1) Subject to sub-article (2) of this article, each Údarás constituency or part thereof situated in a county or county borough shall be deemed to be divided into the same polling districts as the area contained in the said constituency or said part thereof is for the time being divided for the purposes of a European Parliament election, and the places which are for the time being appointed as polling places in each such polling district for the purpose of such an election shall be the polling places for the purposes of taking the poll at the Údarás election.

(2) The local returning officer may make such modifications to a polling district or a polling place referred to in sub-article (1) of this article as is considered necessary having regard to the convenience of electors and the preservation of the secrecy of the ballot.

10. (1) Where a polling information card is sent to an elector under section 92 of the Act of 1992 a polling card shall not be sent to that elector under rule 28 of the European Parliament election rules.

(2) Where a polling information card under section 92 of the Act of 1992 or a polling card under rule 28 of the European Parliament election rules is sent to an elector a polling card shall not be sent to that elector under article 35 of the 1965 Regulations or regulation 35 of the 1979 Regulations.

11. (1) Section 85 of the Act of 1992, rule 32 of the European Parliament election rules and regulation 39 of the 1979 Regulations shall not have effect in relation to an election to which these Regulations apply.

(2) Rule 33 of the European Parliament election rules shall apply in relation to a Dáil and an Údarás election in the same manner as the said rule applies to the European Parliament election.

12. A ballot paper returned by a postal voter shall not be rejected solely on the ground that it is not included in the correct envelope or is accompanied by a receipt (or declaration of identity, as the case may be) other than that issued by the returning officer concerned.

13. (1) Where ballot papers and related documents are to be delivered to a special voter at two or more polls to which these Regulations apply the same person shall be appointed as special presiding officer for each of the polls and the functions of the special presiding officer shall be performed by the officer at the same time in respect of each poll.

(2) Where ballot papers and related documents are to be delivered to a special voter at both a Dáil election and a European Parliament election:

( a ) a single declaration of identity shall be completed by the special voter,

( b ) the completed ballot papers for each poll shall be put in a single ballot paper envelope by the voter, and

( c ) the special presiding officer shall place the ballot paper envelope and the completed declaration of identity in a single covering envelope which he shall seal and to which he shall affix a label in the prescribed form signed by himself and the Member of the Garda Síochána.

(3) The returning officer for each local election and each Údarás constituency shall supply to the local returning officer such numbers of ballot papers and related documents as that officer shall require for the purposes of special voting at the local election or the Údarás election, as the case may be.

(4) At the conclusion of special voting the local returning officer shall cause to be delivered to the relevant returning officer the covering envelopes containing the ballot papers and declarations of identity of special voters at the local or Údarás election.

14. The following provisions shall have effect in relation to the taking of the polls in a polling station at the elections to which these Regulations apply:

( a ) each poll shall be taken by the local returning officer (or, where article 5 of these Regulations applies, the returning officer for the Dáil constituency concerned);

( b ) the same person shall be appointed to be the presiding officer at each poll;

( c ) the same copy of the register of electors shall be used for the poll at each election (other than an Údarás election) and such copy of the register shall be marked to indicate the poll or polls in respect of which a ballot paper is delivered to each elector;

( d ) where one of the polls is the poll at a local election a separate ballot box shall be provided for such poll and on the close of the poll the ballot box shall be delivered to the returning officer for the local election;

( e ) the Údarás returning officer shall supply to the local returning officer such number of copies of the electors' list published in pursuance of regulation 7 of the 1979 Regulations as such officer shall require for the purpose of his functions under these Regulations;

( f ) the returning officer for each local or Údarás election shall furnish to the local returning officer such numbers of ballot papers and other documents as that officer shall require for the purpose of taking the poll at that election in each polling station;

( g ) the following questions shall be substituted for those set out in section 111 (2) (c) of the Act of 1992, rule 47 (1) (b) of the European Parliament election rules, article 46 (1) of the 1965 Regulations and regulation 46 (1) of the 1979 Regulations:

" (i) Are you the same person as the person whose name appears as AB on the register of electors now in force?

(ii) Have you already voted at this election?

(iii) Had you reached the age of eighteen years on 15th day of February, 1994?

and (in the case only of a person who applies for a ballot paper relating to the European Parliament election)

(iv) Are you either or both of the following--

( a ) a citizen of of Ireland,

( b ) a national of a Member State of the European Union other than Ireland?";

( h ) the following oath (or affirmation) shall be substituted for the oath (or affirmation) set out in section 111 (2) (c) of the Act of 1992, rule 47 (1) (c) of the European Parliament election rules, article 46 (2) of the 1965 Regulations and regulation 46 (2) of the 1979 Regulations:

"I swear by Almighty God (or do solemnly, sincerely and truly declare and affirm -- as the case may be) that I am the same person as the person whose name appears as AB on the register of electors now in force and that I have not already voted at this election and that I had attained the age of eighteen years on 15th February, 1944 and (in the case only of a person who applies for a ballot paper relating to the European Parliament election) that I am a citizen of Ireland (or -- a national of a Member State of the European Union other than Ireland -- or -- both a citizen of Ireland and a national of a Member State of the European Union other than Ireland -- as the case may be)".

15. As soon as may be after the close of poll the local returning officer shall deliver:

(i) to the returning officer at each local election the ballot boxes containing the ballot papers relating to that election together with the packets received by him from the several presiding officers under paragraphs (a), (c) and (d) of article 53 (2) of the 1965 Regulations,

(ii) to the Údarás returning officer the packets received by him from the several presiding officers under paragraphs (a), (b), (c) and (d) of regulation 53 (2) of the 1979 Regulations.

16. (1) The appropriate returning officer shall specify the hour of 9 a.m. on the day next the following the polling day as the day and time at which he will open the ballot boxes pursuant to rule 51A of the European Parliament election rules.

(2) At the time and place appointed under the said rule, the appropriate returning officer shall open the ballot box relating to each station at which the poll at a local election was taken and shall:

( a ) examine the ballot papers therein so as to ascertain if the box contains ballot papers relating to the local election,

( b ) remove any such ballot papers found in the box,

( c ) place such ballot papers in a packet together with a statement showing the number of papers enclosed in the packet and giving particulars of the polling station to which they relate,

( d ) seal each such packet and transmit it by hand to the returning officer for the local election.

(3) The appropriate returning officer shall also open the ballot box relating to each polling station at which the poll at an Údarás election was taken and shall:

( a ) remove the Údarás ballot papers therefrom,

( b ) make up in a separate packet the Údarás ballot papers found in each such box,

( c ) endorse on each packet particulars of the polling station to which the ballot papers relate, and

( d ) enclose the packets in a ballot box which he shall seal and transmit to the Údarás returning officer.

(4) The appropriate returning officer shall then deal with the ballot papers relating to the European Parliament election in accordance with rule 51A of the European Parliament election rules and, where article 5 of these Regulations applies, deal with the ballot papers relating to the Dáil election in accordance with section 114 of the Act of 1992.

(5) In this article "the appropriate returning officer" means the local returning officer or, where article 5 of these Regulations applies, the returning officer for the Dáil constituency concerned.

17. (1) As soon as may be after the close of the poll but not later than the hour of 9 a.m. on the day next following the polling day the returning officer for each local election shall:

( a ) commence to open each ballot box containing the ballot papers relating to the local election and examine the ballot papers therein so as to ascertain if the ballot boxes contains any ballot papers relating to the Dáil or European Parliament election,

( b ) remove any such ballot papers found in the box,

( c ) place such papers in a separate packet together with a statement showing the numbers of papers enclosed in the packet and giving particulars of the polling station to which the ballot papers relate, and

( d ) seal each such packet and transmit it by hand to the local returning officer.

(2) Having dealt with each local ballot box in accordance with the preceding sub-article the returning officer shall either close and seal each such box with the remaining ballot papers therein or proceed in accordance with article 60 of the 1965 Regulations.

(3) The provisions of article 59 of the 1965 Regulations in relation to attendance at the counting of the votes shall apply to attendance at the proceedings under this article.

18. The Act of 1992 shall have effect as if:

( a ) "and the Electoral Act, 1992 (section 165) Regulations, 1994" were inserted after "Act" in section 31;

( b ) "four" were substituted for "two" in section 103 (6); and

( c ) "shall" were inserted after "station" in section 111 (2) (b).

19. The Act of 1977 shall have effect as if:

( a ) in section 14 (3) "and the Electoral Act, 1992 (section 165) Regulations, 1994" were inserted after "by this Act"; and

( b ) in the First Schedule:--

(i) "the place appointed under rule 51A at or before the hour of 9 a.m. on the day next following the polling day" were substituted for "the place for the counting of the votes at or before the time appointed for the commencement of the count" in rule 33 (b);

(ii) "hour of 9 a.m. on the day next following the polling day" were substituted for "time fixed by the Minister, under section 6 of this Act, for the commencement of the count" in rule 48 (3); and

(iii) rule 32 were deleted.

20. The 1965 Regulations shall have effect as if:

( a ) "shall so inform the Minister who may, by order appoint the day for the taking of the poll in the said local electoral area" were substituted for "may postpone the date for the taking of the poll in the said local electoral area for a period not greater than the period of such adjournment" in article 26 (2);

( b ) "for the purpose of the taking of" were substituted for "and shall take" in article 27 (1) (a);

( c ) "fixed for the commencement of the poll" were substituted for "at which it was adjourned" in article 50 (1);

( d ) "stations" were substituted for "places" in both instances in which the word occurs in article 50 (2);

( e ) "local returning officer who shall forthwith inform the" were inserted after "such adournment to the" in article 50 (3);

( f ) "station" were substituted for "place" in both instances in which the word occurs in article 51 (1) and in article 52 (1);

( g ) "Not later than the hour of 9 a.m." were substituted for "At the hour of 9 a.m." in article 60 (1);

( h ) "marked copies of the register and" were deleted from article 78 (2) (a); and

( i ) article 78 (2) (e) were deleted.

21. The 1979 Regulations shall have effect as if:

( a ) "for the purpose of the taking of" were substituted for "and shall take" in regulation 26 (1) (a);

( b ) "local returning officer who shall forthwith inform the" were inserted after "the adjournment to the" in regulation 50 (3);

( c ) "As soon as may be" were substituted for "At the hour of 9 a.m. in regulation 60 (1);

( d ) "on the day next following polling day, and at the time appointed by him" were inserted after "The returning officer shall", and the word "then" were deleted in regulation 60 (3); and

( e ) regulations 5 and 75 (2) (e) were deleted.

GIVEN under the Official Seal of the Minister for the Environment,

this 11th day of May, 1994.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations make certain provisions in relation to the Dáil elections, the European Parliament elections, the local elections and the Údarás na Gaeltachta elections which are to be held on the 9th June 1994, in order to facilitate the taking of the polls at these elections on the same day.